To: lady lawyer
An employer can't require a high school education of all its employees, in order to have a higher caliber of employees, because some ethnic groups drop out of high school at higher rates than others.
Where did you get that?
posted on 12/30/2002 5:45:08 AM PST
That's a famous Supreme Court case, whose name escapes me right now. It helped establish the "disparate impact" theory of discrimination. It is against the law to discriminate deliberately. It is also against the law to discriminate by accident -- that is, to have policies that negatively impact one group more than another. In that particular supreme court case, if I remember correctly, a factory required all its workers to have a high school diploma. The courts held that there was no relationship between a high school education and the ability to do some of the jobs at the factory, for instance, janitorial work. Without proof of such a relationship, the high school diploma requirement was discriminatory because some protected minority groups had more high school dropouts than the white population.
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